FOSTER v. PENNSYLVANIA R. CO.

Nos. 10774 and 10777.

201 F.2d 727 (1953)

FOSTER v. PENNSYLVANIA R. CO. (CROWN CAN CO., third party defendant), (two cases).

United States Court of Appeals Third Circuit.

Decided February 5, 1953.


Attorney(s) appearing for the Case

Philip Price, Philadelphia, Pa. (Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for Pennsylvania R. Co.

John J. McDevitt, 3d, Philadelphia, Pa. (Peter P. Liebert, III, Philadelphia, Pa., on the brief), for Crown Can Co.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

Frank G. Foster sued the Pennsylvania Railroad Company under the Federal Employers' Liability Act1 for damages for injuries sustained while engaged in his duties as head brakeman during shifting operations on the property of the Crown Can Company in Philadelphia. The railroad brought in Crown Can as a third-party defendant. By special verdict, the jury found that the railroad and Crown Can were negligent and that...

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